Case 4113609/2021 · Employment Tribunal
Ms S Zafar v Represented by: Ms R Mohammed - Solicitor Multicultural Elderly Care Centre — 2022
- Case reference
- 4113609/2021
- Decision date
- 1 July 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murphy
Parties
2 namedClaimant
Ms S Zafar
Key findings
Tribunal's reasoningMs S Zafar’s case was heard remotely by CVP on 30 June 2022 before Employment Judge Murphy. The respondent did not enter an ET3, did not attend, and was not represented. After notice had been sent to the respondent and no contact was received, the tribunal proceeded in the respondent’s absence under Rule 47.
The tribunal upheld the ordinary unfair dismissal claim under sections 94 to 98 of the Employment Rights Act 1996. It awarded £12,322 compensation, and recorded that this included a £1,028 uplift under section 38 of the Employment Act 2002 because the respondent had failed to provide the claimant with written particulars of employment or statements of changes under sections 1(1) and 4(1) ERA.
The tribunal also upheld two unlawful deduction claims. It awarded £6,887 for short-paid and unpaid wages between 1 December 2020 and 30 September 2021, and £1,079.40 for accrued but untaken leave at the end of employment. The judgment states that the sums at items 2 and 3 were expressed gross of tax and national insurance.
The breach of contract claim for notice pay was dismissed because the tribunal found there were no recoverable losses arising from that breach, as the loss had already been compensated within the unfair dismissal award. The automatic unfair dismissal claim under section 103A ERA was withdrawn at the hearing, and the judgment records it as dismissed following that withdrawal.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Awarded £12,322 compensation under sections 94 to 98 ERA 1996; the sum included a £1,028 uplift under section 38 Employment Act 2002 because the respondent had not provided written particulars or statements of changes. | Upheld | — | £12,322 |
| Unlawful deduction from wages | Awarded for short-paid and unpaid wages in the period 1 December 2020 to 30 September 2021. | Upheld | — | £6,887 |
| Holiday pay | Awarded for accrued but untaken leave in the annual leave year in which employment terminated; the sum was expressed gross of tax and national insurance. | Upheld | — | £1,079 |
| Breach of contract | Notice-pay claim dismissed because there were no recoverable losses beyond those compensated in the unfair dismissal award. | Dismissed | — | — |
| Whistleblowing | Automatic unfair dismissal claim under section 103A ERA was withdrawn at the hearing; the judgment records it as dismissed following withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £20,288
- across all upheld claims
- Compensatory award
- £12,322
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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